Brakeburn - never order from them!

[Postandghost123]

I’m so disgusted with them. I ordered over £300 of clothing from them. They were all too big for me so returned everything once I’d tried it on. Labels and tags all in tact. I didn’t bother trying on two jumpers and returned them without opening the packaging. Had the refund notification and they are only refunding me £45 - the two items that were returned unopened. They have told me their policy is that if packaging has been opened, they will
not refund and will
deduct a cost the deem
fit. So, how on earth are you supposed to know if anything fits without opening the packaging and trying it on? Anyone had similar experiences from them or any joy getting a full refund? I don’t know if I have the energy or headspace to fight with them. I’m
gutted.

I had a brakeburn cardigan that never fitted right! Awful

Have you looked at their returns policy? Does it confirm what they told you? Quote it back at them
Can't be right- I've never known any other retailer have that policy
You shouldn't have to fight-they're suggesting that you lose a lot of money!!

Good luck

That's not what their returns policy states, it's say unworn with the tags attached. Expecting it returned still folded up in the plastic is nothing short of unreasonable! Brakeburn | Return Policy

That’s against the law!

That can't be right. Can you paste exactly what they've said in the email?
I've returned stuff I tried on with no issue. And it's distance selling, so that would go against statutory rights.

https://www.gov.uk/accepting-returns-and-giving-refunds

Right to cancel
There are different rules for downloads and streaming services when selling online.
You must tell the customer they can cancel their order up to 14 days after their order is delivered. They do not need to give a reason for cancelling.
If you do not tell the customer about their right to cancel, they can cancel at any time in the next 12 months. If you tell them about the right to cancel during these 12 months, they have 14 days to cancel from when you told them.

Items bought online, by mail or phone
Online, mail and telephone order customers have the right to cancel their order for a limited time even if the item is not faulty. Sales of this kind are known as ‘distance selling’.
You must offer a refund to customers if they’ve told you within 14 days of receiving their item that they want to cancel. They have another 14 days to return the item once they’ve told you.
You must refund the customer within 14 days of receiving the item back. They do not have to provide a reason. You cannot deduct any fees from their refund, unless the item has been used or damaged.
You must also refund the cost of standard delivery if the customer paid for it. If they paid for a more expensive delivery option, you only need to refund the cost of standard delivery.
Customers are allowed to handle the item in the same way they would in a shop. For example, they can try it on or take it out of the box to see what it looks like.
When you do not have to offer a refund
There are certain items where you only have to offer a refund if they are faulty, such as:

• personalised or custom-made items, for example curtains
• perishable items, for example frozen food or flowers
• newspapers and magazines
• unwrapped CDs, DVDs and computer software
• sealed items that for health or hygiene reasons cannot be returned once they have been opened, for example underwear

Distance selling regulations means they have to refund you for whatever reason as long as you return inside a certain time (I believe it’s notify of intent to return within 14 days and then you have a further 14 days to get it to them).
They are completely in the wrong.

Thanks ladies. I will challenge them and update you.

I ordered something from there once, they sent me an entirely different item and then took absolutely forever to process the refund I had to chase twice.

Agree with all of above. How the hell can you try on an item to see if it fits without taking it out of the packaging? It sounds as though you were just unlucky and got some plonker who didn’t have a clue. I hope you get sorted.

I used to order from them. I always found the quality excellent and was glad of the generous sizing😆 I suppose I was just lucky that I didn’t need to return anything.

agreed.
Braeburn's returns policy does not adhere to "distance selling" consumer law wherein the customer has the right "to handle the item in the same way they would in a shop. For example, they can try it on or take it out of the box to see what it looks like"

Brakeburn's T&C's seek to restrict that right by referring to:
Frequently Asked Questions – Brakeburn

• In the case when the product and packaging are unopened and undamaged, you are eligible for a full refund.
• In the case when the packaging has been opened and the product has been used, you are eligible for a partial refund

However, contract law as set out in T&C cannot, under any circumstances, overrule statute law, and the only circumstances where a FULL refund can be refused is in respect of:
a) "You cannot deduct any fees from their refund, unless the item has been used or damaged."
b) "sealed items that for health or hygiene reasons cannot be returned once they have been opened, for example underwear"

Whether OP wants to lodge a formal complaint with her local trading standards dept over the question of whether trying on (non underwear) clothing constitutes "using" it is a matter for OP to decide.

Accepting returns and giving refunds: the law - GOV.UK

Were they very heavily reduced? Sometimes very heavily reduced items are sold as “final sale, no returns”. No idea how legal this is.

I've ordered Brakeburn items from Argos before and then if you were returning their terms would apply which would not be this ridiculousness.

Quote these regs to them and ask which specific exclusions apply
If still no success I would ask your bank to do a chargeback

I’ve ordered dresses via Sainsbury’s from them and returned without issue. Definitely worth buying via reputable suppliers (next and M&S both sell other people’s products too)

it isn't, read the link I gave

in that case the supplier was Sainsburys, not Brakeburn, so the Sainburys returns policy applies and that does not seek to reduce a refund due to not unopened in original packaging

Chargeback through your card…

They were in the sale - I didn’t see anything saying they were non-refundable.

Really appreciate everyone’s comments. I’ve sent them a strong email challenging them and saying I will pursue via consumer protection services unless they issue the full refund.

if I still don’t have any joy, I will do chargeback. Thanks again for all the replies - I was ready to give up and eat a giant bar of dairy milk. The replies have given me the boost and pick me up I needed to challenge them. x

Can you paste what they actually said? It sounds very unusual!

if I still don’t have any joy, I will do chargeback.

Limitation: If you have received a partial refund or the retailer is legally disputing the condition of the returned item, a chargeback may not be successful

Did you pay by credit card or debit card?
if credit car, given the cost was >£100 consider a Section 75 claim instead of a chargeback - see here for difference
Debit & credit card chargeback: protection on faulty goods - MoneySavingExpert.com

Thank you everyone, they’re refunding it all!! I’ll never order from them again!

That brought me out in a cold sweat...I made an order yesterday! 😕

A company to avoid like the plague is My Rocking kids